I. Crime of producing and trading fake goods according to the provisions of the penal code

Article 192 of the 2015 Penal Code, as amended in 2017 stipulates:

“1. Those who produce or trade in fake goods in one of the following circumstances, if not in the cases specified in Articles 193, 194 and 195 of this Code, shall be subject to a fine of from VND 100,000,000 up to 1,000,000,000 VND or imprisonment from 01 to 05 years:

a) The quantity of counterfeit goods is equivalent to the quantity of the real goods or goods with the same technical features and uses, valued at between VND 30,000,000 and under VND 150,000,000 or under VND 30,000,000 but have been sanctioned for violations. for one of the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196 and 200 of this Code or has been convicted of one of the crimes this, has not yet been cleared of criminal records but still commits violations;

b) Inflicting injury or causing harm to the health of others with an injury rate of between 31% and 60%;

c) Gaining illicit profits from VND 50,000,000 to under VND 100,000,000;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:

a) Organized;

b) Being of a professional nature;

c) Abusing positions and powers;

d) Taking advantage of the name of an agency or organization;

dd) The quantity of counterfeit goods is equivalent to the quantity of the real goods or goods with the same technical features and uses, valued at between VND 150,000,000 and under VND 500,000,000;

e) Gaining illicit profits from VND 100,000,000 to under VND 500,000,000;

g) Causing death;

h) Inflicting injury or causing harm to the health of others with an injury rate of 61% or higher;

i) Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of between 61% and 121%;

k) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

l) Cross-border trade;

m) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

a) The quantity of counterfeit goods is equivalent to the quantity of the real goods or goods with the same technical features and uses worth 500,000,000 VND or more;

b) Gaining illicit profits of VND 500,000,000 or more;

c) Causing death of 02 or more people;

d) Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of 122% or more of these persons;

dd) Causing property damage of VND 1,500,000,000 or more.

4. The offenders may also be subject to a fine of from VND 20,000,000 to VND 50,000,000, a ban from holding certain posts, practicing certain occupations or doing certain jobs for 1 to 5 years, or having part or all of all confiscated. property set.

5. A commercial legal entity that commits an offense specified in this Article shall be penalized as follows:

a) Committing the crime in the cases specified in Clause 1 of this Article, the offenders shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000;

b) Committing the crime in one of the cases specified at Points a, b, dd, e, g, h, i, k,  l  and m Clause 2 of this Article, the offenders will be subject to a fine of between VND 3,000,000,000 and 6,000 ,000,000 VND;

c) Committing the crime in the “case” specified in Clause 3 of this Article, the offenders shall be subject to a fine of between VND 6,000,000,000 and VND 9,000,000,000 or have their operation suspended for a term of between 06 months and 03 years;

d) Committing the crime in the cases specified in Article 79 of this Code, the operation shall be permanently suspended;

dd) The commercial legal entity may also be subject to a fine of from VND 50,000,000 to VND 200,000,000, ban from doing business, from operating in certain fields, or from raising capital from 01 to 03 years.”

II. Scientific commentary on the crime of producing and trading fake goods

Producing counterfeit goods, is understood as the act of making (creating) products and goods with trademarks, trademarks, industrial designs, origin and origin of goods such as products and goods. permitted by the State to produce, integrate and consume in the market, to cause confusion or to deceive customers, or to make counterfeit products of good quality or use.

Trade in fake goods, which is understood as the act of knowing that it is a fake at a very cheap price and using deceitful tricks to sell it to customers at the price of the real thing.

1. Elements constituting a crime

– Subject

The subject of the crime of producing and trading in fake goods is anyone who has criminal capacity and is old enough to bear criminal responsibility.

– Objects

The offense of producing and trading fake goods infringes on the market management policy of the State and at the same time infringes upon the legitimate rights and interests of the producer of genuine goods and ultimately affects the rights and interests of the manufacturer. legitimate interests of consumers.

– My subjective side committed

Individuals who perform acts of producing and trading fake goods are directly at fault. Offenders clearly understand that their behavior is dangerous to society, foresee the consequences of that behavior and expect the consequences to happen.

The motive and purpose of the crime is mainly slander. The above issue is not a mandatory sign in the composition of a crime. However, this is a content to determine the penalty frame.

– The objective side of the crime

For the above crimes, there are two acts that are: production acts and trading acts.

According to the provisions of Clause 1, 2, Article 3 of Decree No. 185/2013/ND-CP dated November 15, 2013 of the Prime Minister, stipulating:

Acts of production of counterfeit goods are performing one, several or all of the activities of manufacturing, prepressing, printing, processing, ordering, preliminarily processing, processing, extracting, recycling, assembling, mixing. mixing, grading, transferring, loading, packing and other activities that make counterfeit goods.

Act of trading in counterfeit goods means performing one, several or all activities of offering, displaying, introducing, advertising, promoting, storing, preserving, transporting, trading, retailing, export, import and other activities to put counterfeit goods into circulation.

The offender must commit one of the two acts mentioned above and other grounds provided for by the law have already constituted the above crime.

+ Consequences:

– Consequences of the act of producing and trading in counterfeit goods are:

• Physical Damage: includes loss of life and other health damage.
• Physical Damage: Causing property damage (Both the producer of the real product and the consumer).

– The causal relationship between the behavior and the damage consequences:

• Dangerous acts must happen before the consequences;
• Dangerous conduct contains the actual possibility of giving rise to a crime, the definite consequences of which if nothing is done to prevent such dangerous conduct;
• Dangerous consequences occur because of the act itself, not because of any other act.

2. About the penalty frame

2.1. For individuals

Regarding the main level of punishment in this crime, it is divided into 3 frames:

• Frame 1 (clause 1) from 01 year to 05 years
• Frame 2 (clause 2) from 05 years to 10 years
• Frame 3 (clause 3) from 07 years to 15 years

In addition to the main penalties, the offenders may also be subject to an additional penalty of a fine and may be banned from holding certain posts, practicing certain professions or doing certain jobs from 1 year. up to 5 years.

2.2. For legal persons

Regarding the main level of punishment in this crime, it is divided into 4 frames:

• A fine ranging from VND 1,000,000,000 to VND 3,000,000,000 may be issued for legal entities committing crimes in Clause 1 of this
• Article;
• A fine of between VND 3,000,000 and VND 6,000,000 may be imposed in case of implementing Points a, b, dd, e, g, h, i, k, l and m, Clause 2 of this Article;
• May be subject to a fine of from VND 6,000,000,000 to VND 9,000,000,000 or to be suspended from operation for a term of 6 months to 3 years;

And finally, if you commit a crime in the case specified in Article 79 of the penal code, you may be permanently suspended from your operation.

In addition, legal entities may also be issued with a fine of between VND 50,000,000 and 200,000,000, banned from doing business, from operating in certain fields or from raising capital from 01 to 03 years.

Above is the advice of Khoa Tin on “Crime of manufacturing and trading fake goods”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.